On Thursday May 12, the Federal Aviation Administration (FAA) released a 671-page supplemental Notice of Proposed Rulemaking (“SNPRM”), (pdf) which proposes enhanced qualification, training, and evaluation requirements for all air carrier crewmembers and dispatchers, in response to congressional and public concerns raised following the 2009 crash of regional carrier Colgan Air in Buffalo, NY. The SNPRM – which was mandated by Congress in the Airline Safety and Federal Aviation Administration Extension Act of 2010 – revises training rule proposals first issued in January 2009 and opens a 60-day public comment period, which closes on July 19, 2011.

The FAA has highlighted that “[t]his proposal will make U.S. pilots and other crewmembers even better-equipped to handle any emergency they may encounter.” In fact, these changes would provide the most significant changes to air carrier training in approximately 20 years. Most significantly, the proposal would require “real world” training, requiring all members of a flight crew to demonstrate, not just learn, critical skills. These critical skills include responding to flying scenarios based on actual events, and, for pilots, participating in ground and flight training to learn how to recognize and recover from stalls and aircraft upsets. Like the original proposal, the supplemental notice would require the use of pilot flight simulation training devices.

Pilots would also have to train in “a complete flight crew environment,” coordinate their actions through a crew resource management program, and complete special hazard training. Pilots with performance deficiencies such as failing a proficiency test or check, or unsatisfactory performance during flight training or a simulator course would be required to undergo remedial training. Flight attendants would be required to complete hands-on emergency drills every 12 months. The proposal also would standardize the training and experience requirements for certain dispatchers and instructors, and flight dispatchers would be required to complete hands-on emergency drills every 12 months.

The main concerns articulated by the airline industry are that this proposal would significantly increase the amount of time pilots have to spend in simulators and would have a large economic impact on air carriers. Further, there is concern that this new rule would put additional economic pressure on regional airlines. The original Notice of Proposed Rulemaking was criticized for underestimating the actual cost of implementation for the airline industry. The FAA argued that since many operators already provide simulator training similar to that in the proposed rule, the cost would be minimal. In this SNPRM, the FAA revised its expectations, estimating the 10-year cost of the rule to be $391.9 million.

Comments on this proposal must include the Docket Number FAA-2008-0677 and be submitted within 60 days of its publication in the Federal Register, which is scheduled for May 20, 2011. Comments may be submitted electronically through the federal eRulemaking portal; via facsimile  to: 202-493-2251; by regular mail to: Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001; or by hand delivery to Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays.

Photo credit: arsenik